Loveland will consider Amendment 64's local effects

Seeds sown by Colorado voters will sprout in Loveland's City Council chamber on Tuesday as members begin their debate over what to do about legal marijuana.

And a presentation by Loveland Police Chief Luke Hecker will come with what are described as scary scenarios, including the possibility that city employees could face federal prosecution for "aiding and abetting" criminal enterprises.

Amendment 64, the voter-approved measure that legalizes possession and use of pot and regulates its sale just as liquor is handled, presents the city with that conundrum and others, Hecker said Friday.

Marijuana remains classified by federal law enforcement authorities as a Schedule 1 controlled substance, in the same category as cocaine, heroin or methamphetamine.

In the absence of any change in that status, Colorado's new law puts local police on the spot, Hecker said.

'Don't See A Way'

"I point to the oath of office that police officers take," he said. "I don't see a way to overcome the conflict."

A memo to City Council members outlining his position says the city "should apply every real and available lawful provision toward the prohibition of marijuana."

Colorado joined Washington on Nov. 2 in legalizing pot, setting the stage for showdowns between the states and the federal government that could

result in a range of outcomes.

Backers of Amendment 64 who are now working for its implementation have enlisted members of the state's congressional delegation, in conjunction with federal lawmakers from Washington, to press the U.

Advertisement

S. Justice Department to exempt the two states from the federal law's provisions.

But Hecker said that he was told, in a conversation with a staff member of Rep. Jared Polis (D-Colo.), that it may be as likely that federal authorities will try to block Amendment 64's implementation with a lawsuit.

Wait For State

Tuesday's council study session serves as a prelude to a later vote on whether to opt out of the new law's provisions for commercial sale and cultivation of marijuana through licensed establishments, as the amendment provides for.

Mayor Cecil Gutierrez said that he would like to see what emerges from a state task force looking into the nuts and bolts of implementing the new law's provisions before reaching that decision.

The law gives state officials until July 1 to adopt a licensing code for commercial marijuana businesses.

"There's a lot of work that the state has to do before we can do ours," he said.

"If the state doesn't meet their deadlines, then what? This council is going to have to have serious discussion, and I'm going to have to hear more legal advice on this issue."

Hecker's memo is bolstered by another from a senior U.S. Justice Department official tasked with monitoring drug traffic in the region that raises the specter of federal drug prosecutions for local officials.

Aiding, Abetting

"The city and/or county government would be violating the law by aiding and abetting what would be criminal enterprises and acts," says the memo by Thomas Gorman, director of the Rocky Mountain High Intensity Drug Trafficking Areas.

"The city or county has no authority to authorize individuals to violate federal law, which pre-empts state law."

Hecker said the amendment's success on Election Day was the result of a heavily financed and well-orchestrated campaign that had not been counteracted by "a sufficient amount of organized opposition."

Living with the result would present moral as well as logistical challenges for police, he said.

"I feel like I have an opportunity now to conspire to break that law, and I've never felt that way in my career," he said.

"The sad thing is, I reached out to other Colorado police chiefs, and sought some unification on prohibitions. I learned that even some of the police chiefs in the state voted for this amendment."

Article Comments

We reserve the right to remove any comment that violates our ground rules, is spammy, NSFW, defamatory, rude, reckless to the community, etc.

We expect everyone to be respectful of other commenters. It's fine to have differences of opinion, but there's no need to act like a jerk.

Use your own words (don't copy and paste from elsewhere), be honest and don't pretend to be someone (or something) you're not.

Our commenting section is self-policing, so if you see a comment that violates our ground rules, flag it (mouse over to the far right of the commenter's name until you see the flag symbol and click that), then we'll review it.